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Cobb County, GA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Bonus cap
15% of demolished multifamily units
Eligible uses
Condos/townhomes replacing demolished multifamily units
RM-8 base density
8 units per acre (§134-204(12)a.)
RM-12 base density
12 units per acre (§134-206(12)a.)
Approval body
Board of Commissioners site plan approval
Appeal window
30 days to Superior Court (§134-127)
Scope
Unincorporated Cobb County only

Summary

In unincorporated Cobb County, condominiums or townhomes built to replace demolished multifamily housing in the RM-8 or RM-12 districts can add up to 15 percent more units than were torn down, but only with a site plan the Board of Commissioners approves. The bonus does not apply to brand-new multifamily construction, and Marietta, Smyrna, Kennesaw, Acworth, Powder Springs and Austell run separate codes with no equivalent rule.

These county ordinances apply to unincorporated areas of Cobb County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(10)Special exception uses. See section 134-271 for special exception uses and requirements for all districts. Special exception uses for the RM-8 district are the uses listed in section 134-271. Additionally, condominiums and townhomes constructed to replace existing/demolished multifamily dwelling units are eligible for a density bonus not to exceed 15 percent of the total number of demolished multifamily dwelling units, subject to site plan approval by the board of commissioners.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 53).

Full Breakdown

Cobb County Code of Ordinances § 134-204(10) governs the RM-8 residential multifamily district and grants a density bonus for redevelopment: condominiums and townhomes constructed to replace existing or demolished multifamily dwelling units are eligible for up to 15 percent more units than the number demolished, subject to site plan approval by the Board of Commissioners. The identical clause appears at § 134-206(10) for the RM-12 district. The bonus rides on top of each district's base cap, not instead of it: RM-8 permits a maximum of eight dwelling units per acre and RM-12 permits 12 units per acre under § 134-204(12)a. and § 134-206(12)a., respectively, so a 100-unit RM-8 complex demolished and rebuilt as condos could add up to 15 replacement units above the torn-down count, still measured against the acreage-based cap.

The bonus is not automatic. It flows from a site plan the applicant submits and the Board of Commissioners approves at a regularly scheduled meeting, per § 134-126, and any later change to that site plan beyond a minor modification must go back through the full rezoning/site plan process. Because approval is a board decision tied to the underlying zoning case, a denial or a condition attached to the approval can be appealed to Cobb County Superior Court under § 134-127, but the appeal must be filed within 30 days of the Board's vote or the decision becomes final.

The rule applies only to condominiums and townhomes built to replace multifamily units that already existed or were torn down; it does not create extra density for ground-up multifamily projects on vacant or non-multifamily land, and it reaches only the RM-8 and RM-12 districts. It also applies only in unincorporated Cobb County. Marietta, Smyrna, Kennesaw, Acworth, Powder Springs and Austell each administer their own zoning code and none carries this specific bonus language.

Violations & Fines

Building beyond the density a Board-approved site plan authorizes, or exceeding a district's base cap without qualifying for the bonus, is a zoning violation under § 134-2. A first offense draws a $100 to $1,000 fine; a second draws $300 to $1,000; a fourth or later violation is a flat $1,000, and any violation can carry up to 60 days in jail after a magistrate court citation. Site plan conditions the Board of Commissioners attaches to the bonus carry the force of law under § 134-2(d).

Frequently Asked Questions

Does this density bonus apply inside Marietta or Smyrna?
No. This provision is part of Cobb County's own zoning code and governs only the unincorporated area. Marietta, Smyrna, Kennesaw, Acworth, Powder Springs and Austell each adopt and enforce their own separate zoning ordinances, and none of them carries this specific RM-8/RM-12 density bonus language, so a project inside any of those cities has to look to that city's code instead.
How much extra density does the bonus allow?
Up to 15 percent more units than the number of multifamily units demolished, on top of the district's base cap, which is eight units per acre in RM-8 and 12 units per acre in RM-12. The bonus only applies to condominiums or townhomes built to replace the torn-down units, not to new multifamily construction on land that wasn't already multifamily.
Who approves the density bonus and can a denial be appealed?
The Board of Commissioners approves it through the site plan for the rezoning or development case. If the Board denies the bonus or attaches a condition an applicant disputes, Cobb County Code § 134-127 allows an appeal to Cobb County Superior Court, but it must be filed within 30 days of the Board's vote or the decision becomes final.
What happens if a developer builds more units than the approved bonus allows?
It's treated as a zoning violation under § 134-2. A first violation carries a fine of $100 to $1,000, with escalating fines up to a flat $1,000 for a fourth or later offense within 12 months, and any violation can also mean up to 60 days in magistrate court jail time on top of the fine.

Sources & Official References

Other rules in Cobb County

All Cobb County rules

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